Trimester 1 Assessment Review Flashcards
the division of lawmaking power among the three branches of government
Seperation of Powers
another name for a lawsuit
civil action
establishes the U.S. Constitution and federal laws as the supreme law of the land
supremacy clause
a judge who interprets what the legislatures means is determining:
legislative intent
in an _______, one party represents arguments asking the court to change the decision of the trial court.
appeal
There are 2 types of courts in the United States:
trial courts and appellate courts
The national council of crime and delinquency recommends _______ _______ _______ as one strategy for reducing crime.
alternatives to incarceration
The _______ _______ created a national system to instantly check the background of people wanting to buy guns.
Brady Act
An _______ _______ law requires drivers to submit to a blood alcohol tut for the privilege of driving.
implied consent
designed to prevent one branch of the government from becoming too powerful
system of checks and balances
division of power between the state and federal government
federalism
guarantees the fundamental rights and liberties of all Americans
The Bill of Rights
How can a treaty become the supreme law of the land?
The President must sign it and 2/3 of the Senate must ratify it.
A _______ is a proposed law, and a _______ is an approved law.
bill; statute
Young adults between the ages of _______ are most likely to experience the highest rates of violent crime.
12-24
Courts make laws through the _______ of laws and setting _______ on _______.
interpretation; precedents; appeals
Who is a peremptory challenge used by? Why?
A peremptory challenge is used by an attorney to dismiss a potential juror without giving a reason.
What are the 2 limits to a peremptory challenge?
- The number of challenges allowed per party
- You can’t use it to discriminate
the written opinion of an appeals court judge that does not agree with the majority
dissenting opinion
the opinion of an appeals court judge that agrees with the majority but for a different reason
concurring opinion
“Outlaw guns and only outlaws will have guns.” Explain this statement. Does this essay statement oppose or support gun control?
This statement means that when the law makes it harder to own a gun, law abiding persons will have a more difficult time buying guns, criminals however will continue to have their guns because they get their guns in illegal ways. This is a slogan used by the National Rifle Association to oppose gun control.
Essay Question: Explain why a court would not enforce a law that was vague? Provide an example of such a law in your answer.
Law should be written in such a way that citizens know what behavior is expected of them. If a law is written so vaguely than an ordinary citizen would not be able to tell what actions are prohibited, in order to ensure fairness, courts will not enforce a vague or over broad law. Loitering laws are one example of laws that can be unconstitutionally vague.
Essay Question: courts make law
When courts interpret a statute that comes before it in a case, the interpretation of the court sets a precedent. The meaning of the law is now given shape by the courts. Additionally, as courts intercept constitution rights, courts may change what has been the law in the past. For example, when the Supreme Court passed Brown v. Board of Education, the court struck down laws that said separate but equal facilities were constitutional.
